ML19254B151

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Ack Receipt of June-Jul Intervention Ltrs.Barnes & J Robertson Ltrs Should Be Treated as Limited Appearance Requests.A Wharton May Not Intervene.K Mohnke Should Amend Petition.B Wallace & J Robinson Should Clarify Position
ML19254B151
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 07/17/1979
From: Sohinki S
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Cheatum E, Linenberger G, Wolfe S
AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel
References
NUDOCS 7909240427
Download: ML19254B151 (2)


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!(f Io, UN!TED STATES

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NUCLEAR REGULATORY COMMISSION r,.g\\,),K. g; WASHINGTON, D. C. 20555 Y..v

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July 17,1979 Sheldon J. Wolfe, Esq., Chairman Mr. Gustave A. Linenberger Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555

. Washington, DC 20555

[,'l#p Dr. E. Leonard Cheatum

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Route 3, Box 350A

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Watkinsville, Georgia 30677 L

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In the Matter of y

Houston Lighting & Power Company d pl.['

(Allens Creek Nuclear Generating Station, Unit 1) '-

Docket No. 50-466

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Gentlemen:

The NRC Staff is in receipt of letters from a Mrs. Fern Barnes and Ms. Jeanne Robertson requesting, respectively, permission to "take part in" and "make a statement" in the hearings in the captioned proceeding. Mrs. Barnes' letter is dated June 27, 1979. Ms. Robertson's letter is undated. The Staff believes that these letters should be treated as requests to make limited appearance statements in this proceeding pursuant to 10 CFR 92.715(a).

The Staff has also received letters from Ms. Ann Wharton (dated July 4,1979' and Ms. Kathy Mohnke (dated July 2,1979) which request leave to intervene but say little else. With regard to Ms. Wharton, since she filed a petition for leave to intervene pursuant to this Board's " Corrected Notice of Intervention Procedures" dated September 11, 1979 (43 Fed. Reg. 40328), she may not intervene under the terms of the June 18, 1979 Notice (44 Fed. Reg. 35062).

With regard to Ms. Mohnke, her letter obviously is not in compliance with the requirements of either the June 18 Notice or the provisions of 10 CFR 92.714(a) and (d), since she has not set forth an interest which may be affected by the proceeding. However, pursuant to the provisions of 10 CFR 92.714(a)(3), Ms. Mohnke may amend her petition without prior approval of this Board at any time up to 15 days before the next prehearing conference in this matter.

Finally, the Staff has received letters, dated June 28, 1979, and July 3, 1979, respectively, from Ms. Bonny Wallace and Mr. James H. Robinson. Ms. Wallace requests that she be " listed as a petitioner" in this matter.

Mr. Robinson 393181 79092404 77

e. states that he is filing "a petition to intervene." It is unclear from these requests whether Ms. Wallace and Mr. Robinson seek leave to intervene as parties pursuant to 92.714 or simply an opportunity to make a limited appearance statement pursuant to 52.715(a).

If they wish to file a petition.for leave to intervene, they would, of course, have to comply with the requirements of 10 CFR 52.714(a) and (d) and the June 18 Notice. We urge the Board to seek clarification from both individuals regarding their intended form of participation in this proceeding.

The Staff has enclosed copies of 10 CFR Part 2 (the Conmission's Rules of Practice) for the information of Ms. Mohnke, Ms. Rcbertson, Mrs. Barnes, Ms. Wallace and Mr. Robinson.

Sincerely,

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}& UILYL-Stephen M. Sohinki Counsel for NRC Staff cc w/o encl:

R. Gordon Gooch, Esq.

Jon D. Pittman, Sr.

J. Gregory Copeland, Esq.

Atomic Safety and Licensing Jack Newman, Esq.

Board Panel Richard Lowerre, Esq.

Atomic Safety and Licensing Hon. Jerry Sliva Appeal Board Hon. John R. Mikeska Docketing and Service Section Mr. John F. Doherty Mr. and Mrs. Robert S. Framson Mr. F. H. Potthoff, III D. Marrack Mr. Jean-Claude De Bremaecker Jonathan Kamras Gayle De Gregori Mrs. W. S. Cleaves Vesta Eidman Carro Hinderstein James Scott, Jr., Esq.

Brenda A. McCorkle Mr. Wayne Rentfro Hs. Kathryn Hooker National Lawyers Guild Mrs. Karen L. Stade cc w/ encl:

Mrs. Fern Barnes Ms. Jeanne Robertson Ms. Ann Wharton 3

Ms. Bonny Wallace Mr. James H. Robinson Ms. Kat'1y Mohnke SS3182

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